15th September, 2019
A Non-Governmental Organisation, Community Watch of Nigeria (CWN), has prayed a Federal High Court for an order restraining Federal Government from appointing any other person representing any state of the Niger-Delta other than from Delta as Chairman of Governing Board of Niger Delta Development Commission (NDDC).
Chief Samingo Etukakpan, president, CWN made the prayer in an originating summons with file number FHC/ABJ/CS/1062/201.
Etukakpan, an indigene of Afacha, in Eket Local Government Area of Akwa Ibom, instituted the suit on Sept. 12, pursuant to Sections 6 (1) (2) (3) (6) (b), 272 of the 1999 Constitution and made it available to newsmen on Sunday in Abuja.
News Agency of Nigeria (NAN) reports that respondents in the suit are President Muhammadu Buhari, President of the Senate, Speaker of the House of Representatives and the Attorney-General of the Federation.
Others are Niger-Delta Development Commission (NDDC), Dr Pius Odudu, Mr Otobong Edem, Mr Maxwell Okoh and Dr Agwagaga Enyia.
Etukakpan also prays for an order of injunction restraining the first respondent (Buhari) from appointing any other person from Akwa Ibom state other than that from Eket local government area as Executive Director Finance and Administration in the fifth respondent (NDDC).
The plaintiff is also seeking an order restraining both the president of the senate and speaker house of representatives from receiving nomination from the first respondent (Buhari) with a view to screening and confirming the appointment of person representing any state of the Niger-Delta other than from Delta state as chairman of the governing board of NDDC.
The suit further seeks an order restraining both the president of the senate and speaker house of representatives from receiving nomination from the first respondent (Buhari) with a view to screening and confirming the appointment of person from Akwa Ibom other than from Eket as executive director finance and administration in NDDC.
Etukakpan is also seeking an order of the court to restrain the ninth respondent (Enyia) from handing over the fifth respondent (NDDC) to any of the most senior directors in the fifth respondent (NDDC) in line with the presidential order of Aug.27.
The suit is seeking an order to nullify and set aside the appointment of the sixth respondent (Odubu) as chairman representing Edo state on NDDC board as such was not in conformity with the provision of NDDC Act, 2010.
Similarly, the plaintiff seeks an order nullifying and setting aside the appointment of the seventh respondent (Ndem), a representative of Akwa Ibom, as Executive Director Project, as according to him, the action does not conform to any provisions of NDDC Act, 2010.
The suit is seeking an order mandating the first respondent (Buhari) to appoint any qualified indigene of Delta state as chairman of the governing board of NDDC.
In the same vein, the suit is asking of an order to mandate the first respondent (Buhari) to appoint any qualified indigene of Eket local government area in Akwa Ibom state as executive director of finance and administration in NDDC among others.
In an affidavit deposed to by the plaintiff, he alleged that the first respondent (Buhari) was in breach of the NDDC Act, 2010 by some of his recent appointments to the board of the commission.
“That I know that the first respondent has on Aug. 27, appointed and nominated persons to be appointed as members of the board of the fifth respondent (NDDC).
“That I know as a fact that in selecting the persons to form the board of the fifth respondent (NDDC), the first respondent (Buhari) is to be guided by NDDC Act, 2010.
NAN reports that the plaintiff had outlined six key issues for determination and 18 consequential reliefs to be decided.
Also, the plaintiff had through his counsel, Chief S.M Essienekak accompanied the originating summons with a motion.
The motion is seeking an interlocutory injunction restraining the president of the senate and speaker, House of Representatives and their officials from receiving from Buhari names of nominees including those of Odubu,Ndem and Okoh for screening and confirmation of appointment into NDDC board pending the determination of the substantive suit.
NAN reported that the suit was yet to be assigned to any judge by the chief Judge of the court.